Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Article 7 of the Convention. Review of the situation regarding occupational safety and health at appropriate intervals. The Committee notes the Government's indication that the Social Protection and Labour Market Policy Strategy 2021-2027, covering the responsibilities of the Ministry of Welfare, including occupational safety and health issues, was adopted on 1 September 2021, and that the Development Plan on Labour Protection 2024-2027 was approved on 18 June 2024, establishing short-term policy planning. Regarding the results of the Labour Protection Policy Strategy 2016-2020 and the Development Plan for 2019-2020, the Committee notes the Government's indication that the Social Protection and Labour Market Policy Strategy 2021-2027 highlights key outcomes: (i) a significant increase in public awareness of labour protection issues, particularly among young people, due to various campaigns and educational initiatives; (ii) support provided to employers, especially in small and medium-sized hazardous industries, through consultations, the provision of risk assessment tools and training; (iii) efforts to enhance the knowledge of occupational health professionals and address health promotion, psycho-emotional risks and musculoskeletal disease prevention; (iv) the strengthening of the State Labour Inspectorate's (SLI) capacity through training, optimized procedures and modernized technical support; and (v) the development of informative materials to ensure safe working environments for non-standard forms of employment and remote workers. The Committee requests the Government to continue to provide information on the periodic review of the situation regarding occupational safety and health at appropriate intervals.

Article 10. Provision of guidance. In respect to the request for information on the results of the European Social Funds (ESF) project in small and medium-sized enterprises, the Committee notes the Government’s reply indicating that ESF project “Practical Application of Regulatory Enactments Regarding Employment Relationship and Occupational Safety” made a significant contribution to improving occupational safety and health from 2016 to 2023, particularly in high-risk industries. The project provided practical support to 937 micro, small, and medium enterprises, exceeding its target by 4.11 per cent. This support included work environment risk assessments in 3,588 enterprises, access to laboratory measurements and participation in training sessions. Additionally, the project involved advisory support to enterprises on improving working conditions, research leading to proposals for regulatory improvements, enhancement of the SLI’s professional capabilities and the organization of preventive and educational initiatives. The Committee takes note of this information which responds to its previous request.

Article 12(c). Responsibilities of those who design, manufacture, import, provide or transfer machinery, equipment and substances for occupational use. Further to its previous comment, the Committee notes that the Government refers to sections 31 and 37 of the Cabinet of Ministers Regulation No. 195 of 2008 Regarding the Safety of Machinery, which refers to the responsibilities of those who manufacture, design or place on the market machinery with respect to Article 12(c) but does not cover others referenced in Article 12 (those who manufacture, design, import, provide or transfer equipment and substances for occupational use). The Committee requests the Government to provide information on measures, adopted or envisaged, to ensure that those who manufacture, design, import, provide or transfer equipment or substances for occupational use undertake studies and research or otherwise keep abreast of the scientific and technical knowledge necessary to comply with Article 12(a) and (b).

Application of the Convention in practice. The Committee takes due note of the information provided by the Government indicating a decrease in the number of accidents and occupational diseases from 2021 and 2022 to 2023: 2,310 accidents were reported in 2021, 2,348 in 2022, and 2,238 in 2023. Similarly, the number of occupational diseases reported declined from 1,791 in 2021 and 1,661 in 2022 to 1,272 in 2023. The Committee welcomes the Government’s indication that among the measures adopted to achieve this reduction were thematic inspections conducted by the SLI. In this connection, the Committee requests the Government to continue to provide information on measures adopted, in law and practice, to reduce the number of occupational accidents and diseases, the outcome of these measures and the statistics reported.

In addition, the Committee recalls the pending comments regarding the technical OSH Conventions ratified (the White Lead (Painting) Convention, 1921 (No. 13) , the Radiation Protection Convention, 1960 (No. 115), the Guarding of Machinery Convention, 1963 (No. 119), and the Hygiene (Commerce and Offices) Convention, 1964 (No. 120)), adopted by the Committee in 2021, for which the Government will be requested to reply in 2027 in accordance with the reporting cycle.

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 13 (white lead), 115 (radiation), 119 (guarding of machinery), 120 (hygiene (commerce and offices) and 155 (OSH) together.

A. General provisions

Occupational Safety and Health Convention, 1981 (No. 155)

Article 7 of the Convention. Review of the situation regarding occupational safety and health at appropriate intervals. In its previous comment, the Committee requested the Government to provide information on the results of the implementation of the Plan for the Development of the Labour Protection Field 2011–13 and the planning document of the Ministry of Welfare taking into account the situation in the country and the objectives and challenges in the context of the European Union Strategic Framework on Health and Safety at Work 2014–20. It notes that the Government indicates that the current National OSH Strategy is composed of the Strategy for the Development of the Labour Protection Field 2016–2020, the Strategic Action Plan 2016–2018 and the Strategic Action Plan 2019–2020 and that its main objective is to reduce the number of serious and fatal occupational accidents, prevent occupational diseases and increase the level of public awareness of occupational safety and health. The Committee further notes the Government's indication that according to the informative report on the interim evaluation of these measures, the activities and measures set out in the Strategic Action Plan 2016–2018 have contributed to improving the situation in the field of labour protection, especially in terms of raising public awareness and reducing the number of serious and fatal occupational accidents. In addition, the Committee notes the Government's indication that the European Social Fund project “Practical Application of Regulatory Enactments Regarding Employment Relationship and Occupational Safety” will continue until 2023 and aims to improve OSH in enterprises, in particular in high-risk industry. The project includes support for small and medium-sized enterprises, as well as for the assessment of risks in the work environment. Noting the Government's indication that the National Strategy documents are regularly evaluated, the Committee requests the Government to provide detailed information on the results of the implementation of the Strategy for the Development of the Labour Protection Field 2016–2020, the Strategic Action Plans for 2016–2018 and 2019–2020, as well as the result of the European Social Fund project in small and medium-sized enterprises.

Article 12(c). Responsibilities of those who design, manufacture, import, provide or transfer machinery, equipment and substances for occupational use. Further to its previous comments, the Committee notes the Government’s reference to sections 31 and 37 of the Cabinet of Ministers Regulation No. 195 of 2008 Regarding the Safety of Machinery which establishes the manufacturer's obligation to carry out the necessary research of the components, equipment and machinery to determine whether, by its design or construction, it is possible to assemble the machinery and use it safely. The Committee notes that the aforementioned provisions refer exclusively to the manufacturer's obligation in relation to equipment and machinery. It therefore requests the Government to provide information on the manner in which it is ensured that those who design, import, provide or transfer machinery, equipment or substances for occupational use undertake studies and research or otherwise keep abreast of the scientific and technical knowledge necessary to comply with Article 12(a) and (b).

Application of the Convention in practice. With reference to its previous request concerning measures to address the increase in the number of occupational accidents, the Committee notes the Government's indications that since 2015, the State Labour Inspectorate (SLI) has increased the number of preventive inspections during which it is possible to provide consultation to employers on the measures to be taken to improve the working environment. It also notes the Government's indications on the conduct of thematic inspections covering 600 enterprises in the most dangerous sectors and the intensification of inspections of specific risks in the working environment which allow to reduce the risk of accidents. It further notes the implementation of preventive campaigns, the organization of seminars for employers, workers and labour protection specialists and the publication of informative resources on occupational safety and health. The Committee also notes that the number of occupational accidents and diseases continues to increase since 2015 while the number of fatal accidents remains substantially unchanged. In this connection, the Committee requests the Government to take the necessary measures and intensify its efforts to reduce the number of occupational accidents and diseases and to provide information on the measures taken, the outcome of these measures, as well as on the statistics reported.

B. Protection against specific risks

1. White Lead Convention, 1921 (No. 13)

Article 7 of the Convention. Statistics. Application of the Convention in practice. Further to its previous comments, the Committee notes the Government's indication that according to the information provided by the Centre for Disease, Prevention and Control, there were 178 deaths due to poisoning and chemical exposure during the period from 2014 to 2020. The Committee notes, however, that the Government does not specify whether these deaths were directly caused by lead or its compounds. It also notes that while the Government does not refer to statistics on morbidity in relation to lead poisoning or measures taken to reduce the number of cases of occupational diseases concerned, the Government refers to a number of legislative measures that prevent the danger arising from the use of white lead in accordance with Articles 5 and 6 of the Convention. In particular, the Committee notes the 2015 amendment to the Cabinet Regulation No. 219 of 2009 “Procedures for the Performance of Mandatory Health Examinations”, which sets out specific requirements for health examinations in Annex 2; the adoption and subsequent amendments to Cabinet Regulation No. 131 of 2016 “Industrial Accident Risk Assessment Procedures and Risk Reduction Measures”, which prescribes the notification of industrial accidents to the State Environmental Service (section 100), as well as the conduct of inspection of establishments (Chapter X); and the 2020 amendment to the Chemical Substances Law of 1998, which now provides for the application of administrative offences in the field of chemical substances and mixtures (section 19). The Committee requests the Government to provide information on the application of the Convention in practice, including statistical information on cases of lead poisoning among working painters, indicating, in particular, morbidity and mortality due to lead poisoning, as well as on the number of inspections carried out, the outcome of these inspections, and the number of the contraventions reported.

2. Radiation Protection Convention, 1960 (No. 115)

Article 1 of the Convention. Laws and regulations. The Committee notes the Government’s reference in its report to the 2018 amendment to the Cabinet of Ministers Regulation No. 1284 of 2013 “Procedures for Control and Registration of the Exposure of Workers” which sets a maximum permissible dose of ionizing radiation of 500 mSv received in certain parts of the body (section 25.4) and establishes conditions for the calibration and workplace monitoring of individual dosimeters (Annex 1). It also notes the adoption of Cabinet of Ministers Regulation No. 65 of 2021 “Regulation for the Notification, Registration and Licensing of Activities with Sources of Ionizing Radiation”, following the repeal of Cabinet of Ministers Regulation No. 752 of 2015.

Article 14. Employment involving exposure to ionizing radiation contrary to medical advice. Alternative employment. In its previous comments, the Committee referred to the terms of paragraph 58 of Cabinet Regulation No. 219 of 2009 regarding the procedures for conducting mandatory health examinations, according to which if a health examination shows that a worker is not suited for the work to be performed, an employer shall provide the worker with working conditions without the specific factor of the work environment that is harmful to their health. In this regard, the Committee requested the Government to provide information on any monitoring undertaken with respect to the employers’ obligation under the above provision for workers for whom it has been determined that it is medically inadvisable to continue work involving exposure to ionizing radiations but who have not been diagnosed with an occupational disease. The Committee notes that the Government indicates that the SLI does not have specific information on measures taken by employers with respect to workers exposed to ionizing radiation. It also notes the Government's indication in response to the Committee's previous request on the coverage of the compensation scheme, that it applies to cases in which the occupational disease has been declared. It notes that the compensation prior to the declaration of an occupational disease corresponds to the period of investigation by the medical commission for occupational diseases, which becomes effective once the occupational disease has been declared. The Committee wishes to draw the Government’s attention to paragraph 40 of its 2015 general observation which indicates that employers should make all reasonable efforts to provide workers with suitable alternative employment in circumstances in which it has been determined that workers, for health reasons, may no longer continue in employment in which they are, or could be, subject to occupational exposure. In this regard, the Committee requests the Government to ensure, in accordance with paragraph 58 of Cabinet Regulation No. 219, that suitable alternative employment opportunities, not involving exposure to ionizing radiations, be provided to workers for whom it has been determined that, for health reasons, they may no longer continue to be employed in work by reason of which they could be subject to occupational exposure.

3. Guarding of Machinery Convention, 1963 (No. 119)

Legislation. Further to its previous comments, the Committee notes the information provided by the Government on the legislative measures adopted in relation to the application of the Convention. In this respect, the Committee notes the 2015 amendment to the Cabinet of Ministers Regulation No. 660 of 2007 “Procedures for the Performance of Internal Supervision of the Work Environment” specifying the requirements relating to the inspection of rotating and moving parts of machinery (Annex 1). It also notes that Cabinet of Ministers Regulation No. 209 of 2016 “Regulation on Electrical Safety for Equipment”, which repeals Cabinet of Ministers Regulation No. 187 of 2000, sets out detailed requirements for equipment (Part 2), obligations of the manufacturer (Part 3.1) and of the distributor (Part 3.4). The Committee further notes the 2019 amendment to the Labour Protection Law of 2001, which extends the scope of application of this Law to self-employed workers (section 2) and regulates administrative violations (Chapter VI), as well as the 2019 amendment to the Law on Technical Supervision of Dangerous Equipment of 1998, which prescribes the obligation to record information obtained during the inspection of hazardous equipment (section 11). Lastly, it notes the Government’s indication that following the expiration of the Latvian Administrative Violations Code of 1984, subsequent amendments concerning violations and competent institutions were introduced to the Law on Technical Supervision of Dangerous Equipment of 1998 (Chapter VII) and the Law on Conformity Assessment of 1996 (Chapter VIII).

Application of the Convention in practice. With reference to its previous request concerning measures to address the increase in the number of occupational accidents and diseases, the Committee notes the Government's indications on the implementation of preventive campaigns, as well as the conduct of the 2019 thematic inspection focusing on the safe use of equipment in the woodworking, food production and metal industry. The Committee refers to its comment above under Convention No. 155.

C. Protection in specific branches

Hygiene (Commerce and Offices) Convention, 1964 (No. 120)

Article 12 of the Convention. Supply of wholesome drinking water to workers. Further to its previous comments in this regard, the Committee notes the Government's indications that in workplaces, water supplied to buildings is used for consumption and that its compliance with drinking water requirements is controlled in accordance with Cabinet of Ministers Regulations No. 671 of 2017 “Mandatory Harmlessness and Quality Requirements for Drinking Water, and the Procedures for Monitoring and Control Thereof”. The Committee notes that these Regulations apply to trade and use in food production (section 2). It notes, however, that its scope of application does not cover offices. The Committee requests the Government to indicate how it is ensured that wholesome drinking water or some other wholesome drink is provided to workers in offices.

Article 14. Suitable seats supplied to workers. With reference to its previous comments on surveillance measures taken to enforce the provision of suitable seats to workers and opportunities to use them, the Committee notes that the Government indicates that the SLI monitors all workplaces and verifies both the risk assessment of the work environment and the measures taken by the employer, including measures where the worker has the opportunity to sit down. In this regard, it notes that the SLI monitors workplaces in relation to the prevention of ergonomic risks and musculoskeletal diseases. The Committee takes note of this information, which addresses its previous request.

Article 6. Inspection and statistics. Application of the Convention in practice. Further to its previous comments, the Committee notes the statistical data provided by the Government, including the number of violations detected by the SLI and the number of occupational diseases reported. It notes that while the number of violations decreased from 2,871 in 2015 to 1,744 in 2019, the number of occupational accidents due to unsatisfactory workplace conditions increased from 102 in 2015 to 125 in 2020. Noting that the Government provides general information regarding OSH statistics, the Committee requests the Government to provide specific information on the manner in which the Convention is applied in practice, including the number, nature and cause of reported occupational accidents and cases of occupational disease in trading establishments and establishments, institutions and administrative services in which the workers are mainly engaged in office work.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

General observation of 2015. The Committee would like to draw the Government’s attention to its general observation of 2015 under this Convention, and in particular to the request for information contained in paragraph 30 thereof.

Article 14 of the Convention. Discontinuation of assignment to work involving exposure to ionizing radiation pursuant to medical advice and alternative employment. The Committee previously noted that pursuant to paragraph 58 of the Cabinet Regulation No. 219 on procedures for performance of mandatory health examinations, if a health examination shows that a worker is not suited for the work to be performed, an employer shall provide the worker with working conditions without the specific factor of the work environment that is harmful to their health.

The Committee notes the Government’s statement in its report that, with respect to compliance with the obligation to provide working conditions without the specific factor of the work environment that is harmful to the worker’s health, there is no provision for the monitoring of such compliance at the national level. When the State Labour Inspectorate performs inspections at undertakings, it is informed of those workers with occupational diseases employed in the undertaking, and then checks the measures implemented by the employer with respect to the harmful factors in the work environment. When the inspector finds that an employer has not prevented the impact of the factors causing an occupational disease, a penalty is imposed, pursuant to the Code of Administrative Violations. The Committee also notes the Government’s indication that pursuant to the Law on Mandatory Social Insurance against Accidents at Work and Occupational Diseases of 2 November 1995, workers who suffer from an occupational disease and have lost at least 25 per cent of their working ability are entitled to receive insurance compensation, which includes monetary compensation and the provision of professional rehabilitation services. Noting that the information provided by the Government on the measures taken in the course of inspections concerns workers diagnosed with an occupational disease, the Committee requests the Government to provide specific information on any monitoring undertaken with respect to employers’ obligation under paragraph 58 of Cabinet Regulation No. 219 for workers for whom it has been determined that it is medically inadvisable for continued work involving exposure to ionizing radiations but who have not been diagnosed with an occupational disease. Similarly, the Committee requests the Government to indicate if the compensation scheme described above also applies to situations before an illness has been declared, but after it has been determined that it is medically inadvisable for a worker to be assigned to work involving exposure to ionizing radiations.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 7 of the Convention. Statistics. Application of the Convention in practice. The Committee notes the Government’s indication that out of the ten cases of occupational diseases confirmed between 2009 and 2011, two cases of chronic poisoning were directly caused by lead and its compounds, while lead was one cause among others in the eight other cases. The Committee also notes that the occupations with regard to which diseases were confirmed include a medical nurse, a welder, printers, operators and a ceramic glazer. The Committee invites the Government to continue to supply information on the application of this Convention in practice, including statistics as to morbidity and mortality with regard to lead poisoning, disaggregated by occupation if possible, and on the measures taken to reduce the number of cases of occupational diseases concerned.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Legislation. The Committee notes the Government’s indication according to which numerous amendments have been made to the legislation in order to improve the implementation of the provisions of the Convention. Particularly, the Committee notes that Cabinet Regulation No. 195 on the safety of machinery (25 March 2008), which repeals Cabinet Regulation No. 186 of May 2000, prescribes detailed measures for workplaces and operating areas and introduces supplementary measures for control systems and protective devices in order to improve the safety of machinery. The Committee requests the Government to continue to provide information on legislative measures undertaken with regards to the application of the Convention.

Application of the Convention in practice. The Committee notes the statistical information provided by the Government concerning the number of suspended equipment and machinery; the number of accidents and occupational diseases reported concerning operators of equipment and machinery; and the number of penalties and violations. The Committee also notes that while the number of reported accidents and occupational diseases had been steadily decreasing since 2009, it has significantly increased in 2013. The Committee requests the Government to provide information on measures undertaken or envisaged to address this increase, and to continue to provide information on the application of the Convention in practice.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 12 of the Convention. Supply of wholesome drinking water to workers. The Committee notes the Government’s indication that Regulation No. 235 of the Cabinet of Ministers has been amended on 24 April 2014, to prescribe that the testing of drinking water shall be carried out by a laboratory, which is accredited by the limited liability company “Standardization, Accreditation and Metrology Centre” in the Latvian National Accreditation Bureau, in accordance with the laws and regulations in force. It also notes the Government’s statement that Regulation No. 359 of 28 April 2009 prescribes that in outdoor workplaces, employees shall be provided with drinking water (subparagraph 10). The Commission also notes the Government’s indication that employers more frequently offer employees beverages. However, the Committee observes that the aforementioned Regulations and Amendments do not appear to provide for sufficient supply of wholesome drinking water to all workers, particularly for indoor workers as the scope of application of the Conventions includes workers who are mainly engaged in commerce or office work. The Committee requests the Government to provide information on the specific measures undertaken or envisaged with a view to ensuring that a sufficient supply of wholesome drinking water, or of some other wholesome drink, is made available to all workers covered by the Convention.

Article 14. Suitable seats supplied to workers. The Government indicates that when employees work in a standing position, the employer must provide a chair for the employee to sit down, and that the state labour inspectorate tests both the work environment risk assessment and the measures taken by the employer to assess whether the employee has had the opportunity to sit down. The Committee recalls that sufficient and suitable seats should be supplied for all workers and that, as far as possible, work stations should be so arranged that those who work standing may discharge their duties sitting whenever compatible with the nature of the work. The Committee requests the Government to specify the surveillance measures that the state labour inspectorate takes in order to enforce this obligation under this Article of the Convention.

Article 6. Inspection and statistics. Application of the Convention in practice. The Committee notes the statistical information provided by the Government in its report, including the number of violations detected by labour inspectors. However, the Committee also notes that in the reporting period the percentage of violations in the field of labour protection which have been corrected has dropped from 90.7 per cent to 76.3 per cent although there is no analysis of the reasons for this. The Committee requests the Government to continue to provide information on the application of the Convention in practice, including, where available, information on the number of workers covered, the number and nature of contraventions reported, and the number, nature and cause of occupational accidents and diseases reported. The Committee also requests the Government to provide a fuller analysis and explanation of any statistics, including in relation to the correction of any violations.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 7 of the Convention. Review of the situation regarding occupational safety and health at appropriate intervals. The Committee notes the information provided by the Government indicating that the Labour Protection Law prescribes that the Ministry of Welfare is responsible for the coordination of labour protection issues at the national level, and that issues related to the assessment of the labour protection situation are also examined by the National Tripartite Cooperation Council and the Labour Affairs Tripartite Cooperation Subcouncil. Furthermore, the Committee notes the Government’s indication that in 2008 the “Guidelines for the Development of the Labour Protection Field 2008–13” were adopted by means of Cabinet Order No. 213 of 17 April 2008, and the “Plan for the Development of the Labour Protection Field 2011–13” was developed to ensure the implementation of these guidelines. The Committee also notes the information provided by the Government that the Ministry of Welfare is aiming to develop a planning document, taking into account the current situation within the country, as well as the strategic objectives and challenges referred to in the European Commission communication of 6 June 2014 on an European Union Strategic Framework on Health and Safety at Work 2014–20. This includes issues relating to the implementation of labour protection in small and medium-sized enterprises; prevention of work-related diseases by addressing the impact of both existing and emerging working environment risk factors, and ageing of the working population. The Committee requests the Government to provide detailed information on the results of the implementation of the aforementioned measures.

Article 12(c). Responsibilities of those who design, manufacture, import, provide or transfer machinery, equipment and substances for occupational use. The Committee notes the Government’s indication that the regulatory enactments do not prescribe a mandatory duty for producers or importers to perform scientific studies in order to ascertain the safety of goods or equipment. The Committee requests the Government to take all necessary legislative measures in order to give full effect to Article 12(c) of the Convention, and keep the Committee informed of developments in this regard.

Application of the Convention in practice. The Committee notes the statistical information provided by the Government concerning the number of employees in undertakings, institutions and organizations supervised by the state labour inspectorate. The Committee notes that these figures indicate an increase in the number of occupational accidents, but a decrease in the number of occupational diseases during the reporting period (2009–14). The Committee requests the Government to provide information on the measures undertaken or envisaged to address the increase in the number accidents and to continue to provide information on the practical application of the Convention.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the information provided by the Government in its latest report, and the attached documentation, indicating recent legislative amendments, which give further effect to the provisions of the Convention, including Regulation No. 908 of 6 November 2006 on Procedures for the Investigation and Registration of Occupational Diseases. The Committee asks the Government to continue to provide information on legislative measures undertaken with regards to the Convention.

Article 7 of the Convention, in conjunction with Part V of the report form. Statistics and application in practice. The Committee notes the information provided by the Government specifying occupations other than painting where lead has been used, including metal processing machine operators, loaders, warehouse workers, salespersons, assemblers of electronic and similar items, metal construction assemblers and mechanical engineer specialists. The Committee welcomes the Government’s statement that the number of reported cases of occupational diseases caused by lead or lead compounds was seven in 2004, one in 2007 and two in 2008, which is a significant decrease from the 53 cases reported between 2001 and 2003. The Committee further notes the information indicating that if during the

performance of their work it is established that an employee is subject to exposure of chemical substances, prevention and reduction of risk shall take place according to chapter 3 of Cabinet Regulation No. 325 of 19 May 2007 on Prevention and Reduction of Risk (replacing Regulation No. 399). The Committee invites the Government to continue to supply information on the application of this Convention in practice, including statistics as to morbidity and mortality with regard to lead poisoning, disaggregated by occupation if possible.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the information provided by the Government in its latest report, and the attached documentation, indicating recent legislative amendments, which give further effect to the provisions of the Convention. The Committee also notes the response provided with regard to effect given to Article 13 of the Convention, and the Government’s statement that Regulation No. 297 has been repealed and replaced by Cabinet Regulation No. 149 of 9 April 2002, regarding protection against ionizing radiation. The Committee asks the Government to continue to provide information on legislative measures undertaken with regards to the Convention.

Article 14. Alternative employment or other measures offered for maintaining income where continued assignment to work involving exposure is medically inadvisable. The Committee notes the Government’s response indicating that in accordance with paragraph 58 of the Cabinet Regulation No. 219 on procedures for performance of mandatory health examinations, if a health examination shows that a worker is not suited for the work to be performed, an employer shall provide the worker with working conditions without the effect of the specific factor of the work environment harmful to their health. The Government further states that where alternative employment is not possible, the employer has the right, under section 101 of the Labour Law, to terminate the employment. The Committee refers the Government to paragraph 32 of its 1992 general observation on the Convention and asks the Government to provide information on measures undertaken or envisaged to ensure that a worker, whose continued employment in a particular job is prohibited for health reasons, is provided with suitable alternative employment or able to maintain their income through social security measures or otherwise.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the information provided by the Government in its latest report, and the attached documentation, indicating recent legislative amendments, which give further effect to the provisions of the Convention. The Committee also notes the response and attached documentation provided by the Government with regard to Article 18 of the Convention. The Committee asks the Government to continue to provide information on legislative measures undertaken with regards to the Convention.

Article 12. Supply of wholesome drinking water to workers. The Committee notes the Government’s inclusion of the Cabinet of Ministers’ Regulation No. 235 concerning mandatory requirements for the harmlessness and quality of drinking water, and monitoring and control procedures thereof. The Committee notes that this Regulation does not appear to provide for the supply of wholesome drinking water to workers. The Committee requests the Government to provide information on measures undertaken or envisaged to ensure that a sufficient supply of wholesome drinking water, or of some other wholesome drink, is made available to workers.

Article 14. Suitable seats supplied to workers. The Committee notes the response provided by the Government indicating that in accordance with section 4 of the Labour Protection Law, work shall be adapted to the individual, particularly with regards to the design of workplaces and work equipment. The Government states that Cabinet Regulation No. 125 of 29 March 2002 on Requirements for Labour Protection in Workplaces, requires employees to be provided with comfortable and accessible resting zones, including the provision of a sufficient number of seats with backrests. The Committee reiterates its requests that the Government indicate the measures taken or envisaged to ensure sufficient and suitable seats are supplied for workers outside of rest periods, and that workers are given reasonable opportunities to use them.

Article 6, in conjunction with Part IV of the report form. Application in practice. The Committee notes the statistical information provided by the Government in its report, including the number of violations in the field of labour inspection. The Committee notes that since 2004 an average of 96 per cent of violations in the field of labour protection have been eliminated. The Committee invites the Government to continue to provide information on the manner in which the Convention is applied in practice in the country.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 7 of the Convention. Review of the situation regarding occupational safety and health at appropriate intervals. The Committee notes the information provided by the Government indicating that, with regard to the enterprise level, sections 5 and 8 of the Labour Protection Law require an employer to perform a risk assessment of the work environment, and that the procedures for such an evaluation are prescribed by Regulation No. 660 of 2 October 2007. The Committee reiterates its request that the Government indicate the legislative provisions prescribing a review, at the national level, of the occupational safety and health situation by the National Tripartite Coordination Council and Labour Affairs Tripartite Coordination Sub-Council; and to provide information about the procedure for the review, and specify the intervals at which they take place. The Government may find useful guidance on this in paragraphs 54–59 and 76–78 of the 2009 General Survey concerning this Convention.

Article 12, subparagraph (c). Studies and research by manufacturers, importers and providers of machinery, equipment and substances necessary to ensure their safe use and to give correct information about this use. The Committee notes the Government’s reference to the requirement that an employer observe the general labour protection principles in accordance with the Labour Protection Law to ensure that machinery, equipment or substances are not dangerous to the safety or health of a person using them. The Committee reiterates its requests that the Government indicate the measures undertaken or envisaged to ensure that persons who design, manufacture, import or transfer machinery, equipment or substances for occupational use, undertake studies and research or otherwise keep abreast of the scientific and technical knowledge necessary to comply with subparagraphs (a) and (b) of this Article. The Government may find useful guidance on this in paragraph 168 of the abovementioned General Survey concerning this Convention.

Part V of the report form. Application in practice. The Committee notes the statistical information provided by the Government concerning the number of employees in undertakings, institutions and organizations supervised by the State Labour Inspectorate. The Committee notes that the number of accidents and the number of occupational diseases reported has increased since 2004. The Committee asks the Government to provide information on the measures taken or envisaged to address this increase; and to continue to provide information on the application of the Convention in practice.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes the information provided by the Government in its latest report, and the attached documentation, indicating recent legislative amendments, which give further effect to the provisions of the Convention, including changes to the 1998 Law on Technical Supervision of Dangerous Equipment prescribing that the implementation of control in the field of technical supervision of dangerous equipment shall be performed by the State Construction Inspectorate, rather than the State Labour Inspectorate. With reference to observations made previously by the Free Trade Union Federation of Latvia regarding the use of obsolete machines and the high risk of accidents, which employees are exposed to in using such machines, the Committee notes the response provided by the Government indicating that safety requirements apply to both new and used machinery. The Committee also notes the responses provided regarding effect given to Articles 2, 4 and 11 of the Convention. The Committee asks the Government to continue to provide information on legislative measures undertaken with regards to the Convention.

Part V of the report form. Application in practice. The Committee notes the statistical information provided by the Government concerning the number of suspended equipment and machinery; the number of accidents and occupational diseases reported concerning operators of equipment and machinery; and the number of penalties and violations. The Committee also notes that there has been an increase in the number of reported accidents and occupational diseases since 2004. The Committee asks the Government to provide information on measures undertaken or envisaged to address this increase; and to continue to provide information on the application of the Convention in practice.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee takes note of the detailed information provided by the Government in its reports. The Committee requests the Government to supply clarifications and supplementary information with respect to the following points.

Article 7. Review of the situation regarding occupational safety and health at appropriate intervals. The Committee takes note of the reference made by the Government in its report to a review of safety and health issues which takes place at the National Tripartite Coordination Council and Labour Affairs Tripartite Coordination Sub-Council. The Committee requests the Government to indicate legislative provisions prescribing such a review, to provide information about the procedure for the review and to specify the intervals at which they take place.

Article 12(c). Studies and research of manufacturer, importer and provider of machinery, equipment and substances necessary to ensure their safe use and to give correct information about this use. The Committee takes note of the Government’s reference to scientific researches performed by the Institute of Occupational and Environment Health as well as to the employment’s obligation to perform labour protection measures taking into account technical, hygiene and medical developments. The Committee requests the Government to indicate the national legislative provisions or practical measures to ensure that persons who design, manufacture, import or transfer machinery, equipment or substances for occupational use undertake studies and research or otherwise keep abreast of the scientific and technical knowledge necessary to comply with subparagraphs (a) and (b) of this Article.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee takes note of the Government’s comprehensive report. With reference to its previous comments, the Committee would draw the Government’s attention to the following points.

1. Article 13 of the Convention. Exposure during emergencies. The Committee takes note of the Cabinet of Ministers Regulation No. 149 of 9 April 2002 on regulations for protection against ionizing radiation, of which clauses 159-163 contain provisions related to emergency situations. Clause 159.1 provides for intervention measures to be taken in the event of radiation accidents in order to reduce or prevent short-term exposure. Pursuant to clause 160, the necessity for an intervention has to be assessed by the work supervisor, the radiation safety expert and the nuclear safety experts. In carrying out the assessment, the positive effect and costs of any intervention have to be in proportion to the possible damage to health. However, clause 163 stipulates that an intervention in a radiation accident shall be justified if the radiation accident may cause serious damage to human health. Hence, the Committee understands that there is no need for carrying out an assessment as prescribed under clause 160. It nevertheless requests the Government to confirm its view of this clause of Regulation No. 149. With regard to the limitation of occupational exposure due to an accident, the Committee notes that Regulation No. 149 does not provide for specific exposure limits of workers during emergency operations. The Committee therefore would draw the Government’s attention to paragraphs 16-27 of its 1992 general observation under the Convention where it is indicated that the International Commission on Radiological Protection (ICRP), in its latest Recommendations of 1990, permits an effective dose up to 0.5 Sv and unlimited exposure for life-saving actions, during the "immediate and urgent remedial work", but calls for the application of the normal occupational dose limits without exception "once the immediate emergency is under control". The Committee accordingly requests the Government to indicate whether a provision exists providing for the above exposure limits applicable during emergency situations, and, if not, to take the necessary measures to align the national legislation with the above principles established by the ICRP. In this context, the Committee further refers to its previous direct request in which it had noted the provisions of clauses 156 and 157, in conjunction with clause 47.2 of Regulation No. 297 on protection against ionizing radiation, 1997, permitting a dose limit of 40 mSv for worker exposure, i.e. twice the annual dose limit fixed for radiation workers, in the framework of emergency interventions for saving assets of significant value. The Committee had noted that this dose limit was not in conformity with the ICRP Recommendations of 1990. The Committee notes section 30 "Transitional provisions" of the Radiation Safety and Nuclear Safety Act, 2000, providing, inter alia, for the adoption of implementing regulations by the Cabinet of Ministers within 12 months after the entry into force of this Act. The Committee, concluding that Regulation No. 297 on protection against ionizing radiation, 1997, is no longer in force, nevertheless requests the Government to confirm that the Regulation No. 297 on the protection against ionizing radiation, 1997, is abolished.

2. Article 14. Alternative employment. The Committee notes clause 71 of the Cabinet of Ministers Regulation No. 149 of 9 April 2002, on regulations for protection against ionizing radiation, providing for an extraordinary health examination of the worker in the event that the established annual dose limit of 20 mSv for radiation workers has been exceeded, as well as for the necessary treatment of the worker concerned. In the same way clause 72 provides for such medical health examinations and medical treatment in the event of a radiation accident. The Committee notes, however, the absence of any provisions with regard to measures to be taken to ensure the provision of alternative employment to workers who for health reasons are to discontinue their work involving ionizing radiations. The Committee therefore would draw the Government’s attention to paragraph 32 of its 1992 general observation under the Convention, underlining that the offer of suitable alternative employment opportunities to the workers concerned, derives from the provision of Article 3, paragraph 1, of the Convention, according to which effective protection of workers must be ensured. In addition, the Committee again refers to the explanations provided under paragraphs 28-34 and 35(d) of its 1992 general observation under the Convention, as well as to the principles set out in paragraphs I.18 and V.27 of the International Basic Safety Standards for Protection against Ionizing Radiation and for the Safety of Radiation Sources.

In the light of these indications, the Committee requests the Government to take the necessary measures to provide suitable alternative employment for workers who, for health reasons, are to discontinue radiation work, or to enable them to maintain their income otherwise than through social security measures.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the detailed information provided by the Government in its report for the period ending 1 June 2003.

Article 2, paragraphs 1 and 2, of the Convention. The Committee notes the numerous legal provisions quoted by the Government in its report establishing the producer’s, service provider’s, manufacturer’s, seller’s duties to produce, to put into circulation only safe products and services, to give to consumer complete information regarding the safety of the goods and services (sections 4(1) and (2), 8(1) and (2), of the Product and Services Safety Law, 2000; sections 13(1) and (2), 17 and 19 of the Consumer Rights Protection Law, 1999); establishing the dangerous equipment holder’s duty to register such equipment before its use (paragraph 2 of the Cabinet of Ministers’ Regulations on the Registration Procedure of Dangerous Equipment, 2000). The Committee notes that the Government refers to provisions of the Cabinet of Ministers’ Regulations on Safety Machines, 2000, which provide for the prohibition to sell machines which have not been appropriately labelled and assessed, as well as for the permission to place on the market only a machine which complies with the essential safety and harmlessness requirements.

The Committee recalls that these provisions of the Convention formally prohibit the sale, hire, transfer in any other manner and exhibition of machines of which the dangerous parts are without appropriate guards. The Committee requests the Government to provide information about the manner to give effect (in law and in practice) to these provisions. The Committee also requests the Government to supply, with its next report, the texts (English translation, if available) of the abovementioned Product and Services Safety Law, 2000, the Consumer Rights Protection Law, 1999, the Cabinet of Ministers’ Regulations on Safety of Machines, 2000, the Cabinet of Ministers Regulations on the Registration Procedure of Dangerous Equipment, 2000, as well as the Law on Technical Supervision of Dangerous Equipment, 1998.

Article 2, paragraphs 3 and 4. The Committee notes that the Government refers to numerous legal texts related to the safe use of different groups of machines or their parts liable to present danger to any person coming into contact with them. The Committee requests the Government to indicate the measures that have been taken or are envisaged in order to ensure that all the dangerous parts requiring guards, listed in the Convention, as mentioned in the relevant provisions of laws and regulations.

Article 4. The Committee notes that the Government refers to legal provisions related to the duty to produce safe products, to provide safe services, to register dangerous equipment with the state labour inspection and to receive a permit to use which rest on the manufacturer, seller, service provider, holder of dangerous equipment (section 13 of the Consumer Rights Protection Law; section 14 of the Law on Technical Supervision of Dangerous Equipment, 1998). The Committee requests the Government to indicate the measures taken or envisaged, including the adoption of law or regulations provisions, which establish the obligation of the vendor, the person letting out on hire or transferring the machinery in any other manner, or the exhibitor and, where appropriate, under national laws or regulations, of their respective agents to ensure the compliance with the provisions of Article 2 of the Convention, i.e. the prohibition or prevention by effective measures of the sale, hire, transfer in any other manner and exhibition of machinery of which the dangerous parts are without appropriate grounds.

Article 11. The Committee notes section 17 of the Labour Protection Law, 2001, which lays down that employees have obligation to: take care of their own safety and the safety and health of those persons who are affected or may be affected by the work of employees; to use collective protective equipment; and to refrain from arbitrarily starting, changing or moving the relevant safety devices. The Committee also notes the general employers’ obligation to ensure the functioning of the labour protection system in the undertaking stipulated in section 5 of the same Law. The Committee requests the Government to indicate the measures that have been taken or are envisaged in order to ensure that no worker shall be required to use any machinery without the guards provided being in position.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee takes note of the Government’s report. It notes the information supplied by the Government with regard to Article 6, paragraph 2, and Articles 16 and 17 of the Convention.

Further to its observation and with reference to its previous comments, the Committee draws the Government’s attention to the following points on which additional measures are required.

1. Article 12. The Committee notes the Government’s indication that the Cabinet of Ministers’ Regulations No. 235 concerning mandatory harmlessness and quality requirements of drinking water, monitoring and control procedure thereof, of 29 April 2003, gives effect to this Article. The Committee, without having been in a position to examine the Regulations No. 235, however, notes that the latter Regulations would address in the first place the quality requirements of the drinking water and do not provide for the supply of wholesome drinking water to the workers. The Committee therefore requests the Government to supply a copy of the above Regulations for its examination.

2. Article 14. The Committee notes that neither the Labour Protection Law of 2001 nor the Cabinet of Ministers’ Regulations No. 125 of 19 March 2002 concerning the requirements for labour protection in the workplace contain provisions providing for suitable seats. It accordingly requests the Government to indicate the measures taken or envisaged to give effect to this Article of the Convention. To this effect, the Government may find useful guidance in the Hygiene (Commerce and Offices) Recommendation, 1964 (No. 120), as provided for by Article 4(b) of the Convention.

3. Article 18. The Committee notes the Government’s indication that the Cabinet of Ministers’ Regulations No. 66 concerning the labour protection requirements for safeguarding of the employees against risks arising from noise of the working environment, of 4 February 2003, provide for labour protection requirements of workers against the risks occurring by noise in the working environment, especially if deterioration of the hearing of the worker is to be feared. The Committee requests the Government to communicate the text of the above Regulations for further examination. It further notes with interest paragraph 12.7 of the Cabinet of Ministers’ Regulations No. 125 of 19 March 2002 concerning the requirements for labour protection in the workplace providing that noise caused by ventilation and air-heating devices must not exceed the permissible noise level. Paragraph 28.8 of the latter Regulations prescribes, inter alia, that workers shall not be exposed to noise that exceeds the maximum permissible level prescribed by regulatory enactments. The Committee requests the Government to indicate whether such regulatory enactments have been already issued, and, if that is the case, to supply a copy for further examination of the Committee. As to vibrations, the Committee notes the adoption of the Cabinet of Ministers’ Regulation No. 284 of 13 April 2004 concerning labour protection requirements for safeguarding of employees against risks of vibration in the work environment, to transpose the requirements and principles set forth in Council Directive 2002/44/EC on minimum health and safety requirements regarding the exposure of workers to the risks arising from physical agents (vibration). It notes that the above Regulation will come into force on 1 July 2005. As to the content of Regulation No. 284 of 2004, the Government indicates that the provisions of this Regulation give full effect to the requirements set forth in Article 18 of the Convention with regard to vibrations, as it requires the employer to prevent vibrations or reduce them to the lowest possible level. Moreover, the employer is obliged to provide workers with sufficient individual protective means free of charge to them. The Committee, while taking due note of the Government’s indications on the content of Regulation No. 284 of 13 April 2004, requests the Government to supply a copy of it to enable the Committee to determine the extent to which this Regulation gives indeed effect to Article 18 of the Convention.

4. Article 6, in conjunction with Part IV of the report form. Practical application. The Committee notes the information supplied with the Government’s report on the data contained in the report of the State Labour Inspection for the year 2003. It notes with concern that an important number of violations detected concerned labour protection issues. It notes, however, that 85.6 per cent of the violations detected have already been corrected. The Committee finally notes the Government’s indications on the number of companies in the sector covered by the Convention as well as the number of workers covered by the legislation designed to give effect to this Convention. The Committee invites the Government to continue to provide information on the manner in which the Convention is applied in practice in the country.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee takes note of the Government’s comprehensive report. It notes in particular the information supplied by the Government with regard to Article 2 and Article 5 of the Convention. The Committee also notes the number of regulations adopted to enhance the application of the Convention. With reference to its previous comments, the Committee would draw the Government’s attention to the following point.

Article 7, in conjunction with Part V of the report form. Statistics and practical application. The Committee notes the Government’s indication that each case of work-related lead intoxication shall be investigated and registered in the national Register of Occupational Diseases of the Republic of Latvia as a case of occupational disease and included in the list of occupational diseases, and every case of death due to lead poisoning at the workplace shall be registered as an occupational accident. The Government specifies that in the event of the discovery of a case of lead poisoning, the Consultative Commission of the Doctors in Occupational Diseases, upon the request of the family doctor, shall examine the poisoned person to determine whether the illness is profession related and to diagnose the possible occupational disease in line with the Cabinet of Ministers Regulation No. 119 concerning the List of occupational diseases of 31 March 1998. With regard to the cases of lead poisoning detected until 31 December 2003, the Government indicates that the total number of diagnosed cases of occupational lead poisoning is 212, and that between 1 July 2001 and 31 December 2003, 52 cases of chronic diseases due to lead poisoning have been stated in occupations where lead was not used for painting purposes. The Committee therefore requests the Government to specify the work other than painting work where lead has been used. It further requests the Government to indicate the measures taken or envisaged, particularly in the framework of the Cabinet of Ministers Regulation No. 399 concerning labour protection requirements when in contact with chemical substances at workplaces, of 3 September 2002, articles 20 to 25 of which more specifically provide for measures of risk elimination and reduction of risks caused by chemical substances and products, in order to reduce the use of lead in operations for which their use is not prohibited. The Committee finally invites the Government to continue to supply information on the practical application of this Convention in the country.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes with interest the adoption of the Radiation Safety and Nuclear Safety Act of 26 October 2000, enshrining the main basic principles governing radiation protection. It further notes the number of regulatory texts adopted during the reporting period, and in particular the Cabinet of Ministers Regulation No. 149 of 9 April 2002, on regulations for protection against ionising radiation, which reflect the dose limits for exposure to ionizing radiation of the different categories of workers and the general public which are in conformity with the 1990 Recommendations of the International Commission on Radiological Protection (ICRP) to which the Committee refers in its 1992 general observation under the Convention. In this respect, it also notes the Government’s indication that the above legislation has been adopted by taking into consideration the respective EU Directive and the requirements set forth in the relevant documents of the ILO and the International Atomic Energy Agency.

The Committee is addressing a request on certain other points directly to the Government.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee takes note of the detailed information provided by the Government in its report. The Committee notes the adoption of legal texts including the Labour Law, 2001, the Labour Protection Law, 2001, the State Labour Inspection Law, 2001, the Law on Technical Supervision of Dangerous Equipment, 1998, as well as a series of Cabinet of Ministers’ regulations.

With reference to its previous comments relating, inter alia, to the observation made by the Free Trade Union Federation of Latvia (LBAS), the Committee notes that the Government supplied no response or comments on this observation. The Committee recalls that the observation in question alleged that the Convention has only partly been applied because of the use of obsolete machines, and pointed out the high risk of accident to which employees are exposed using such machines.

The Committee therefore recalls that the Convention applies equally to new and to second-hand machinery (Article 1 of the Convention and paragraph 20 of the General Survey on the guarding of machinery and the working environment (air pollution, noise and vibration, 1987). With respect to such obsolete machines, so as to new ones, the sale, hire, transfer in any other manner, exhibition and use of machinery of which the dangerous parts are without appropriate guards, is prohibited or prevented by other equally effective measures (Articles 2 and 6); the obligation to ensure compliance with the abovementioned provisions rests on the vendor, the exhibitor, the person letting out on hire or transferring the machinery in any other manner, the manufacturer when he sells machinery, lets it out on hire, transfers it in any other manner or exhibits it, on their respective agents, when appropriate under national laws or regulations, and on the employer (Articles 4 and 7).

With respect to the provisions of Article 9 and Article 17 allowing temporary exemption or limited application of the Convention, the Committee notes from the Government’s report that this instrument is applicable in all areas of economic activities and the country does not apply temporary exemptions in the field of machine safety.

The Committee requests the Government to indicate the measures taken to apply the abovementioned provisions of the Convention to those machines which are obsolete but still used.

The Committee is addressing a request directly to the Government on some other points.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

1. The Committee takes note of the adoption of the Labour Protection Law of 20 June 2001, effective since 1 January 2002, which repeals the Labour Protection Law of 1993, as well as the adoption of the Cabinet of Ministers’ Regulations No. 125 of 19 March 2002 concerning the requirements for labour protection in workplaces, and the Cabinet of Ministers’ Regulations No. 159 of 25 April 2000 concerning the use of personal protective equipment at work.

2. The Committee notes with satisfaction the Cabinet of Ministers’ Regulations No. 125 of 19 March 2002 concerning the requirements for labour protection in workplaces, adopted by virtue of section 25 of the Labour Protection Law of 2001, to ensure the application of the general principles set forth in Part II of the Convention and thus applying Article 4 of the Convention.

3. The Committee further notes the following provisions of the Cabinet of Ministers’ Regulations No. 125 of 19 March 2002 concerning the requirements for labour protection in workplaces: paragraph 30.3 applying Article 7 of the Convention; paragraph 12 applying Article 8 of the Convention; paragraph 15 applying Article 9 of the Convention; paragraph 14 applying Article 10 of the Convention; paragraph 22 applying Article 11 of the Convention; paragraph 25 applying Article 13 and Article 15 of the Convention; and paragraph 27 applying Article 19 of the Convention.

4. The Committee finally notes paragraph 3.1, in conjunction with subparagraphs 3.1.4 and 3.1.7, of the Regulations of the National Tripartite Cooperation Council of 30 October 1998, providing for consultations on, inter alia, draft laws and regulations concerning health promotion and the implementation of ratified ILO Conventions to be held within the National Tripartite Cooperation Council for Labour Protection which is composed of representatives of the Government (Cabinet of Ministers), employers (Latvian Employers’ Confederation) and workers (Latvian Free Trade Unions Association) which thus gives effect to Article 5 of the Convention.

The Committee is also raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

Article 2, in conjunction with Article 5, of the Convention. The Committee notes with interest the provision of article 1 of the Regulations No. 158 on "Restrictions and Prohibition to Utilise and Market Hazardous Chemical Substances and Hazardous Chemical Products", in conjunction with No. 17 of Annex 1 prohibiting the use of lead carbonates and lead hydrogen carbonates as substances and components of products in paints with the exception of paints used for maintenance and restoration of works of art as well as the preservation and maintenance of historical buildings and their interior.

With regard to regulations determining health and safety requirements at work regarding the use of white lead in painting, the Committee notes the Government’s indication that no legal acts have been elaborated. However, when white lead is used, the Regulations No. 158 have to be considered. In this respect, the Committee points out that the above Regulations read together with Annex 1 provide only for the enumeration of hazardous substances or agents for which the use is restricted or prohibited, but they do not prescribe measures to be taken to prevent dangers arising from the application of painting containing white lead in operations for which its use is not prohibited, as called for in Article 5 of the Convention. The Committee accordingly requests the Government to indicate the measures taken or contemplated to regulate the safety and health requirements that have to be taken at the workplace when white lead is used, in conformity with the principles enshrined in Article 5 of the Convention.

In this context, the Committee further notes that according to the information provided by the biggest restoration companies in the country, white lead was not used in restoration work for the last four years. Moreover, according to the data collected by the Customs Department of the State Revenue Service, lead hydrogen carbonates have not been imported to the country in the year 2000.

Article 7. The Committee notes the Government’s indication that according to the data of the State Labour Inspectorate on registered occupational diseases (cases of chronic lead poisoning), no case of intoxication with white lead contained in painting has been registered in Latvia in the year 2000. The Committee invites the Government to continue to supply statistics on the morbidity and mortality due to lead poisoning.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

With reference to its previous comments, the Committee would draw the Government’s attention to the following point.

Article 13(d) of the Convention. The Committee notes that according to clause 156 of Regulations No. 297 on the Protection against Ionizing Radiation, 1997, the permissible dose limits for workers’ exposure may be exceeded in emergency situations in order to save people’s lives, to prevent major exposure of the general public or to save assets of significant value. In this event, clause 157 of the abovementioned Regulations provides for the application of the dose limits established for sanctioned exposures (clauses 46 to 59). Clause 47.1 establishes a dose limit of 20 mSv for any case of especially sanctioned exposure. Clause 47.2 fixes a dose limit of 40 mSv, that is twice the effective annual dose limit set forth in clause 37, for activities to be taken in order to save assets of significant value, and clause 47.3 fixes a dose limit of 200 mSv, thus five times the annual dose limit, for activities taken to prevent a major exposure of the general public during an accident or to save people’s lives. With regard to the dose limit established under clause 47.2 of Regulations No. 297 on the Protection against Ionizing Radiation, 1997, the Committee recalls the explanations given in its general observation under the Convention (items 16 to 27 and 35 (c)), which refer to the 1990 Recommendations of the International Commission on Radiological Protection (ICRP) with regard to the limitation of exposure to ionizing radiation in emergency situations, where it is said that once the immediate emergency is under control, the normal occupational dose limits are to apply without any exception. Moreover, exceptional exposure of workers is neither justified for the purpose of rescuing "items of high material value", nor, more generally, because alternative techniques of intervention which do not involve such exposure to workers "would involve an excessive expense". The Committee therefore requests the Government to indicate the measures taken or contemplated with a view to ensure conformity with the abovementioned principles established by the ICRP in 1990.

In addition, the Committee would ask the Government to supply a copy of Regulations No. 136 of the Cabinet of Ministers of 14 April 1998 on the procedure of registration and control of nuclear substances; Regulations No. 223 of the Cabinet of Ministers of 20 June 1996 on the procedure of issuing licences and permissions to work with radioactive substances and other sources of ionizing radiation; Regulations No. 95 of the Cabinet of Ministers of 14 March 2000 concerning the amendments to Regulations No. 297 on the protection against ionizing radiation, 1997; Regulations No. 97 of the Cabinet of Ministers of 9 March 2000 concerning the amendments to the Regulations No. 297 on the protection against ionizing radiation, 1997; Regulations No. 96 of the Cabinet of Ministers of 9 March 1999 concerning regulations on controlling radioactive contamination of animal feed; and of Order No. 8 of the Ministry of Welfare of 20 January 1999 concerning the amendment to the regulations concerning the issuance of business licences and permits to the Health Statistics, Information and Medical Technologies Centre Commission to work with radioactive substances or other sources of ionizing radiation used in medicine.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes with interest the Government’s indication that following the ratification of the Convention, a Tripartite Labour Protection Advisory Council has been established in which representatives of state institutions, employers and workers cooperate on issues concerning the application of the Convention. It further notes with interest the adoption of numerous regulations and orders on issues related to radiation protection, in particular the adoption of Regulations No. 297 of 12 August 1997 on the protection against ionizing radiation. In this connection, the Committee notes the Government’s indication that it is planned to replace the Radiation Protection and Nuclear Safety Act of 1 December 1994 by a new law with the same name, that the draft law has been already submitted to Parliament, and that its adoption was expected for September 2000. As to the content of the draft law, the Government indicates that the provisions are based on the requirements set forth in the respective documents of the ILO and the International Atomic Energy Agency, and that it contains provisions eliminating the outdated system of supervision, particularly in the field of medicine. The Committee hopes that the Government will provide information on developments in this regard and supply a copy of the new Act on Radiation Protection and Nuclear Safety once it is adopted.

The Committee is addressing a request on certain other points directly to the Government.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

1. Article 2, in conjunction with Article 5, of the Convention. The Committee notes the Government's indication to the effect that white lead is not used in painting in the country and therefore not regulated by legislation. However, the Cabinet of Ministers has elaborated draft regulations concerning the "Restrictions for the use and sale of dangerous chemical agents and hazardous chemical products" according to which the use of white lead (sulphate of lead) is prohibited with the exception of paints used for restoration work as well as the preservation and maintenance of historical buildings, their interiors and works of art. The Committee accordingly asks the Government to indicate the laws and regulations issued to regulate the use of white lead in painting operations for which its use is not prohibited, in conformity with Article 5 of the Convention, and in consultation with the employers' and workers' organizations, as called for in Article 6 of the Convention. Moreover, the Committee requests the Government to supply a copy of the regulations concerning the "Restrictions for the use and sale of dangerous chemical agents and hazardous chemical products" as soon as they are adopted.

2. Article 7. The Committee notes the Government's indication that, according to the statistical data issued by the Centre of Occupational and Radiological Medicine at P. Stradins Hospital on registered occupational diseases (cases of chronic lead poisoning), no cases of lead poisoning arising from the use of paint containing lead have been registered since 1995 in the country. The Committee invites the Government to continue to supply statistics as regards morbidity and mortality due to lead poisoning.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes with interest the information supplied by the Government in its first report on the application of the Convention. The Committee notes that the Act on Radiation Protection and Nuclear Safety dated 1 December 1994 is in force since 1 January 1995. It also notes that draft regulations, including basic safety regulations for protection against ionizing radiation, are being prepared, and that meanwhile regulations on radiation protection of the former Union of Soviet Socialist Republics remain in force. The Committee requests the Government to provide a copy of the new regulations when adopted.

1. Article 1 of the Convention. The Committee notes the Government's indication in its report that in its application of section 3, clause 4, of the Radiation Protection and Nuclear Safety Act, which concerns compulsory insurance, the Government has established a mechanism for consultation with employers and workers. The Committee requests the Government to indicate the nature and extent of such consultation, in view of its obligation under Article 1 to consult with representatives of employers and workers in applying all the provisions of the Convention. It also requests the Government to provide information on any such consultation that has taken place with regard to the preparation of the new regulations.

2. Article 3, paragraph 1, and Article 6. The Committee notes with interest from the report of the Government that, while the currently applicable dose limits are set out in regulations of the former Union of Soviet Socialist Republics, the draft regulations that are being prepared will include dose limits which would comply with the 1994 International Basic Safety Standards for Protection against Ionizing Radiation and for the Safety of Radiation Sources. The Committee hopes that the Government will soon be in a position to supply information on provisions adopted consistent with the dose limits set out in its 1992 general observation, the 1990 International Commission on Radiation Protection Recommendations, and the 1994 International Basic Safety Standards.

3. Article 7. The Committee notes that under section 21, subsection (1) of the Act, pregnant women throughout the period of their pregnancy, as well as persons under the age of 18, may not be involved in work involving ionizing radiation, and that under subsection (2) persons aged 16 to 18 may be employed in work involving ionizing radiation only for study purposes. It also notes with interest that under subsection (3) special requirements are to be observed when employing persons under 18 and women under 45 in work involving ionizing radiation. The Committee requests the Government to provide a copy of these special requirements to be issued by the Ministry of Welfare.

4. Article 9, paragraph 1. With regard to the requirement of appropriate warnings to indicate the presence of hazards from ionizing radiation, the Committee notes that under section 17 of the Act on Radiation Protection and Safety containers holding radioactive substances must be marked, and relevant information concerning ionizing radiation protection must be provided. The Committee requests the Government to indicate in what manner necessary information is supplied to workers to indicate the presence of hazards from ionizing radiation.

5. Articles 11 and 15. The Committee notes from the report of the Government that under section 5 of the Act on Radiation Protection and Safety, the Radiation and Nuclear Safety Inspectorate shall supervise radiation protection. The Committee requests the Government to provide information on the nature and extent of such supervision and, in particular, on the monitoring of workers and places of work, in order to measure exposure of workers to ionizing radiation and substances and ensure that applicable dose limits are respected.

6. Article 13(a), (c) and (d). The Committee notes that section 22(3) of the Act on Radiation and Nuclear Safety provides that a person employed in work involving ionizing radiation who shows signs of impairment because of such radiation must undergo a health examination. In paragraph 7(c) of its 1992 general observation, the Committee has emphasized in relation to exposure of individuals resulting from the combination of all the relevant sources and practices that dose limits are aimed at ensuring "that no individual is exposed to radiation risks that are judged to be unacceptable from these practices in any normal circumstances". The Committee would also refer the Government to section 7.3.5. of the ILO Code of Practice on the Radiation Protection of Workers (Ionizing Radiation), which indicates that a special assessment of workers' health should be made in cases where the results of radiological surveillance indicate that the individual has received radiation dose equivalents in excess of twice the relevant dose limits. The Government is requested to indicate in its next report whether workers are required to undergo medical examinations in such instances, and whether any circumstances have been specified wherein, due to the nature and degree of the exposure, the employer must take all necessary remedial action on the basis of technical findings and medical advice.

7. Article 14. The Committee requests the Government to indicate in its next report the steps taken or considered to ensure that no worker is employed or continues to be employed in work involving exposure to ionizing radiation contrary to qualified medical advice. In this connection, with reference to paragraphs 28 to 34 and 35(d) of its 1992 general observation under the Convention, and the principles reflected in paragraphs 96 and 238 of the 1994 International Basic Safety Standards, the Committee requests the Government to provide information on measures taken or contemplated with regard to the provision of alternative employment to ensure effective protection of workers who have accumulated exposure beyond which an unacceptable risk of detriment is to occur and who may thus be faced with the dilemma that protecting their health means losing their employment.

8. Emergency exposure situations. Referring to the explanations provided in paragraphs 16 to 27 and paragraph 35(c) of its 1992 general observation under the Convention, and in the light of paragraphs 233 and 236 of the 1994 International Basic Safety Standards, the Committee hopes that the Government will provide information on the measures taken or contemplated in relation to emergency situations.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes the information supplied in the Government's first report. It would draw the Government's attention to certain points.

1. Article 5 of the Convention. The Committee notes that section 20 of the Labour Protection Act provides for cooperation between employers and employees on issues of labour protection. For this purpose, labour protection boards are set up or, in enterprises with less than 50 employees, proxies are appointed by employees or their trade union. The Committee points out that Article 5 of the Convention calls for prior consultations regarding laws or regulations on safety and hygiene matters designed to give effect to the provisions of the Convention. The Committee accordingly requests the Government to indicate whether and, if so, in which manner consultations have taken place to this effect with the representative organizations of employers and workers concerned.

2. Article 6, paragraph 2. The Committee notes that both the Labour Inspection Act and the Regulations No. 53 on Statutes on Labour Inspection do not provide for penalties applicable in case of any infringement of the legislation on safety and hygiene issues. It would request the Government to indicate in its next report what penalties are applicable in cases of violation of the legislation in question. However, if those penalties do not exist, the Committee would ask the Government to indicate the measures envisaged to ensure the application of this Article.

3. Article 7. The Committee notes that section 6 of the Labour Protection Act provides for places of work, aisles and roads to be kept tidy and in order. The Committee would point out that Article 7 of the Convention calls for properly maintained and clean premises. The Government is asked to provide additional information on the measures taken or envisaged in order to satisfy this requirement.

4. Article 17. The Committee notes that section 7 of the Labour Protection Act stipulates that the use of harmful substances is only allowed in working places equipped in accordance with the norms of labour protection. The Committee accordingly would request the Government to specify the norms of labour protection to which section 7 of the Labour Protection Act refers. The Committee also notes that this section of the Labour Protection Act does not prescribe personal protective equipment. It requests the Government to provide additional information on measures taken or envisaged to ensure that full effect is given to this provision of the Convention.

5. Articles 4, 8, 9, 10, 11, 12, 14, 15, 16 and 18. The Committee notes that the provisions of the Labour Protection Act only concern the requirements as regards the working environment. It also notes the Government's indication in its report according to which the requirements of these Articles found in Part II of the Convention are regulated by legal acts, however, without giving any further specification in this regard. The Committee would point out that the provisions of the Labour Protection Act do not ensure full observance of the detailed requirements set forth in Part II of the Convention. It recalls that Article 4 of the Convention requires the adoption of laws or regulations to ensure compliance with each specific obligation found in Part II of the Convention. The Committee states that the following Articles of the Convention have no analogue in the Latvian legislation: Article 8 (ventilation of premises); Article 9 (sufficient and suitable lighting); Article 10 (comfortable and steady temperature); Article 11 (safe and healthy organization of workplaces); Article 12 (supply of wholesome drinking water); Article 14 (suitable seats); Article 15 (suitable facilities for workers to change, leave and dry clothes which are not worn at work); Article 16 (standards of hygiene in underground and windowless premises); and Article 18 (reduction of noise and vibration). The Committee would be grateful if additional information could be supplied on measures taken or contemplated to give effect to these Articles of the Convention. It wishes to point out that for this purpose, and as provided for by Article 4(b) of the Convention, the Government may find useful guidance in the Hygiene (Commerce and Offices) Recommendation, 1964.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

Referring to its previous comments, the Committee recalls the observation made by the Free Trade Union Federation of Latvia (LBAS) alleging that the Convention was only partly applied because of the use of obsolete machines, and pointing out the high risk of accident to which employees are exposed using such machines. The Committee recalls that under Article 1 of the Convention, the Convention applies to all power-driven machinery, new or second-hand. With respect to all such machinery, Articles 2 and 6 prohibit the sale, hire, exhibition and transfer in any other manner, as well as the use of machinery if their dangerous parts specified in paragraphs 3 and 4 of Article 2 are without appropriate guards or are not protected by other equally effective measures. The obligation to ensure compliance with the above-mentioned provisions rests, in accordance with Articles 4 and 7, on the vendor, the exhibitor, the person letting out on hire or transferring the machinery in any other manner, the manufacturer when he sells machinery, lets it out on hire, transfers it in any other manner or exhibits it, on their respective agents, when appropriate under national laws or regulations, and on the employer. The Committee requests the Government to indicate the measures taken to apply the above-mentioned provisions of the Convention to all categories of power-driven machinery, including those which are obsolete but still used. Please supply the English translation (if available) of the national legislation referred to in the Government's first report giving effect to the Convention with respect to all categories of machinery.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes with interest the information supplied by the Government in its first report on the application of the Convention. The Committee notes that the Act on Radiation Protection and Nuclear Safety dated 1 December 1994 is in force since 1 January 1995. It also notes that draft regulations, including basic safety regulations for protection against ionizing radiation, are being prepared, and that meanwhile regulations on radiation protection of the former Union of Soviet Socialist Republics remain in force. The Committee requests the Government to provide a copy of the new regulations when adopted.

1. Article 1 of the Convention. The Committee notes the Government's indication in its report that in its application of section 3, clause 4, of the Radiation Protection and Nuclear Safety Act, which concerns compulsory insurance, the Government has established a mechanism for consultation with employers and workers. The Committee requests the Government to indicate the nature and extent of such consultation, in view of its obligation under Article 1 to consult with representatives of employers and workers in applying all the provisions of the Convention. It also requests the Government to provide information on any such consultation that has taken place with regard to the preparation of the new regulations.

2. Article 3, paragraph 1, and Article 6. The Committee notes with interest from the report of the Government that, while the currently applicable dose limits are set out in regulations of the former Union of Soviet Socialist Republics, the draft regulations that are being prepared will include dose limits which would comply with the 1994 International Basic Safety Standards for Protection against Ionizing Radiation and for the Safety of Radiation Sources. The Committee hopes that the Government will soon be in a position to supply information on provisions adopted consistent with the dose limits set out in its 1992 General Observation, the 1990 International Commission on Radiation Protection Recommendations, and the 1994 International Basic Safety Standards.

3. Article 7. The Committee notes that under section 21, subsection (1) of the Act, pregnant women throughout the period of their pregnancy, as well as persons under the age of 18, may not be involved in work involving ionizing radiation, and that under subsection (2) persons aged 16 to 18 may be employed in work involving ionizing radiation only for study purposes. It also notes with interest that under subsection (3) special requirements are to be observed when employing persons under 18 and women under 45 in work involving ionizing radiation. The Committee requests the Government to provide a copy of these special requirements to be issued by the Ministry of Welfare.

4. Article 9, paragraph 1. With regard to the requirement of appropriate warnings to indicate the presence of hazards from ionizing radiation, the Committee notes that under section 17 of the Act on Radiation Protection and Safety containers holding radioactive substances must be marked, and relevant information concerning ionizing radiation protection must be provided. The Committee requests the Government to indicate in what manner necessary information is supplied to workers to indicate the presence of hazards from ionizing radiation.

5. Articles 11 and 15. The Committee notes from the report of the Government that under section 5 of the Act on Radiation Protection and Safety, the Radiation and Nuclear Safety Inspectorate shall supervise radiation protection. The Committee requests the Government to provide information on the nature and extent of such supervision and, in particular, on the monitoring of workers and places of work, in order to measure exposure of workers to ionizing radiation and substances and ensure that applicable dose limits are respected.

6. Article 13(a), (c) and (d). The Committee notes that section 22(3) of the Act on Radiation and Nuclear Safety provides that a person employed in work involving ionizing radiation who shows signs of impairment because of such radiation must undergo a health examination. In paragraph 7(c) of its 1992 General Observation, the Committee has emphasized in relation to exposure of individuals resulting from the combination of all the relevant sources and practices that dose limits are aimed at ensuring "that no individual is exposed to radiation risks that are judged to be unacceptable from these practices in any normal circumstances". The Committee would also refer the Government to section 7.3.5. of the ILO Code of Practice on the Radiation Protection of Workers (Ionizing Radiation), which indicates that a special assessment of workers' health should be made in cases where the results of radiological surveillance indicate that the individual has received radiation dose equivalents in excess of twice the relevant dose limits. The Government is requested to indicate in its next report whether workers are required to undergo medical examinations in such instances, and whether any circumstances have been specified wherein, due to the nature and degree of the exposure, the employer must take all necessary remedial action on the basis of technical findings and medical advice.

7. Article 14. The Committee requests the Government to indicate in its next report the steps taken or considered to ensure that no worker is employed or continues to be employed in work involving exposure to ionizing radiation contrary to qualified medical advice. In this connection, with reference to paragraphs 28 to 34 and 35(d) of its 1992 General Observation under the Convention, and the principles reflected in paragraphs 96 and 238 of the 1994 International Basic Safety Standards, the Committee requests the Government to provide information on measures taken or contemplated with regard to the provision of alternative employment to ensure effective protection of workers who have accumulated exposure beyond which an unacceptable risk of detriment is to occur and who may thus be faced with the dilemma that protecting their health means losing their employment.

8. Emergency exposure situations. Referring to the explanations provided in paragraphs 16 to 27 and paragraph 35(c) of its 1992 General Observation under the Convention, and in the light of paragraphs 233 and 236 of the 1994 International Basic Safety Standards, the Committee hopes that the Government will provide information on the measures taken or contemplated in relation to emergency situations.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes that the Government's report has not been received. Referring to its previous comments, the Committee recalls the observation made by the Free Trade Union Federation of Latvia (LBAS) alleging that the Convention was only partly applied because of the use of obsolete machines, and pointing out the high risk of accident to which employees are exposed using such machines.

The Committee recalls that under Article 1 of the Convention, the Convention applies to all power-driven machinery, new or second-hand. With respect to all such machinery, Articles 2 and 6 prohibit the sale, hire, exhibition and transfer in any other manner, as well as the use of machinery if their dangerous parts specified in paragraphs 3 and 4 of Article 2 are without appropriate guards or are not protected by other equally effective measures. The obligation to ensure compliance with the above-mentioned provisions rests, in accordance with Articles 4 and 7, on the vendor, the exhibitor, the person letting out on hire or transferring the machinery in any other manner, the manufacturer when he sells machinery, lets it out on hire, transfers it in any other manner or exhibits it, on their respective agents, when appropriate under national laws or regulations, and on the employer.

The Committee requests the Government to indicate the measures taken to apply the above-mentioned provisions of the Convention to all categories of power-driven machinery, including those which are obsolete but still used. Please supply the English translation (if available) of the national legislation referred to in the Government's first report giving effect to the Convention with respect to all categories of machinery.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes with interest the information supplied by the Government in its first report on the application of the Convention. The Committee notes that the Act on Radiation Protection and Nuclear Safety dated 1 December 1994 is in force since 1 January 1995. It also notes that draft regulations, including basic safety regulations for protection against ionizing radiation, are being prepared, and that meanwhile regulations on radiation protection of the former Union of Soviet Socialist Republics remain in force. The Committee requests the Government to provide a copy of the new regulations when adopted.

1. Article 1 of the Convention. The Committee notes the Government's indication in its report that in its application of section 3, clause 4, of the Radiation Protection and Nuclear Safety Act, which concerns compulsory insurance, the Government has established a mechanism for consultation with employers and workers. The Committee requests the Government to indicate the nature and extent of such consultation, in view of its obligation under Article 1 to consult with representatives of employers and workers in applying all the provisions of the Convention. It also requests the Government to provide information on any such consultation that has taken place with regard to the preparation of the new regulations.

2. Article 3, paragraph 1, and Article 6. The Committee notes with interest from the report of the Government that, while the currently applicable dose limits are set out in regulations of the former Union of Soviet Socialist Republics, the draft regulations that are being prepared will include dose limits which would comply with the 1994 International Basic Safety Standards for Protection against Ionizing Radiation and for the Safety of Radiation Sources. The Committee hopes that the Government will soon be in a position to supply information on provisions adopted consistent with the dose limits set out in its 1992 General Observation, the 1990 International Commission on Radiation Protection Recommendations, and the 1994 International Basic Safety Standards.

3. Article 7. The Committee notes that under section 21, subsection (1) of the Act, pregnant women throughout the period of their pregnancy, as well as persons under the age of 18, may not be involved in work involving ionizing radiations, and that under subsection (2) persons aged 16 to 18 may be employed in work involving ionizing radiations only for study purposes. It also notes with interest that under subsection (3) special requirements are to be observed when employing persons under 18 and women under 45 in work involving ionizing radiations. The Committee requests the Government to provide a copy of these special requirements to be issued by the Ministry of Welfare.

4. Article 9, paragraph 1. With regard to the requirement of appropriate warnings to indicate the presence of hazards from ionizing radiations, the Committee notes that under section 17 of the Act on Radiation Protection and Safety containers holding radioactive substances must be marked, and relevant information concerning ionizing radiation protection must be provided. The Committee requests the Government to indicate in what manner necessary information is supplied to workers to indicate the presence of hazards from ionizing radiations.

5. Articles 11 and 15. The Committee notes from the report of the Government that under section 5 of the Act on Radiation Protection and Safety, the Radiation and Nuclear Safety Inspectorate shall supervise radiation protection. The Committee requests the Government to provide information on the nature and extent of such supervision and, in particular, on the monitoring of workers and places of work, in order to measure exposure of workers to ionizing radiations and substances and ensure that applicable dose limits are respected.

6. Article 13(a), (c) and (d). The Committee notes that section 22(3) of the Act on Radiation and Nuclear Safety provides that a person employed in work involving ionizing radiation who shows signs of impairment because of such radiation must undergo a health examination. In paragraph 7(c) of its 1992 General Observation, the Committee has emphasized in relation to exposure of individuals resulting from the combination of all the relevant sources and practices that dose limits are aimed at ensuring "that no individual is exposed to radiation risks that are judged to be unacceptable from these practices in any normal circumstances". The Committee would also refer the Government to section 7.3.5. of the ILO Code of Practice on the Radiation Protection of Workers (Ionizing Radiations), which indicates that a special assessment of workers' health should be made in cases where the results of radiological surveillance indicate that the individual has received radiation dose equivalents in excess of twice the relevant dose limits. The Government is requested to indicate in its next report whether workers are required to undergo medical examinations in such instances, and whether any circumstances have been specified wherein, due to the nature and degree of the exposure, the employer must take all necessary remedial action on the basis of technical findings and medical advice.

7. Article 14. The Committee requests the Government to indicate in its next report the steps taken or considered to ensure that no worker is employed or continues to be employed in work involving exposure to ionizing radiations contrary to qualified medical advice. In this connection, with reference to paragraphs 28 to 34 and 35(d) of its 1992 General Observation under the Convention, and the principles reflected in paragraphs 96 and 238 of the 1994 International Basic Safety Standards, the Committee requests the Government to provide information on measures taken or contemplated with regard to the provision of alternative employment to ensure effective protection of workers who have accumulated exposure beyond which an unacceptable risk of detriment is to occur and who may thus be faced with the dilemma that protecting their health means losing their employment.

8. Emergency exposure situations. Referring to the explanations provided in paragraphs 16 to 27 and paragraph 35(c) of its 1992 General Observation under the Convention, and in the light of paragraphs 233 and 236 of the 1994 International Basic Safety Standards, the Committee hopes that the Government will provide information on the measures taken or contemplated in relation to emergency situations.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes with interest the Government's first report. It would be grateful if the Government would supply shortly the English translation (if available) of the texts of national legislation referred to in the Government's report, in order to make it possible to assess the application of the Convention in Latvia.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee takes note of the comments provided by the Free Trade Union Federation of Latvia (LBAS) relating to the application of the Convention. The LBAS considers the Convention as partly applied because of the use of obsolete machines: the employees have higher risk of accidents. In the absence of a reply by the Government, the Committee hopes that the Government will supply full information on any measures taken to apply the Convention to all power-driven machinery.